Montesquieu s Views On The Constitution - 1472 Words

The plaintiff argues that the Framers of the Constitution infringed upon the authors of various historical documents that influenced the Constitution. The defendant would like to rebuke the said claim and provides several reasons why. Montesquieu’s most important contribution to political theory in the U.S. are his ideas and works on the separation of powers between the legislative, executive and judicial branches of government, which became the foundation of the U.S. Constitution. Although the Framers of the Constitution adopted his ideas, they were not completely plagiarized. A related idea of Montesquieu’s was that checks and balances should be in place to keep each branch in control. Madison and the other Framers were influenced by these ideas and constructed many well thought out checks and balances that are unique to the U.S. form of government. This is an example of paraphrasing someone’s ideas. In fact, Montesquieu also paraphrased other’s ideas. M ontesquieu was but one of many Enlightenment influences on the Constitution, and many of these other works and ideas influenced Montesquieu himself in his â€Å"Spirit of Laws†. For instance, John Locke not only influenced the American Founders, but also was paraphrased by Montesquieu, as many of Locke’s concepts of natural rights appear in both the Constitution and in â€Å"The Spirit of Laws†. This shows that one cannot claim an idea and not expect other people to adapt it, and as such, the Framers have the right to use theoriesShow MoreRelatedThe Political Landscape Of France1367 Words   |  6 Pagesgreat thinkers, Baron de Montesquieu and Jean-Jacques Rousseau, both paved the way for the French and other Enlightenment revolutions during the 18th and 19th centuries. Although neither of the men saw the manifestations of their ideas in the American or French Revolutions, their influence is unquestionable to these movements. Without the political and economic atmosphere in France and Europe during the 18th and 19th century, the ideas and beliefs of thinkers like Montesquieu and Rousseau would notRead MoreCritical Analysis of Good-bye, Montesquieu by Bruce Ackerman1454 Words   |  6 PagesCRITICAL ANALYSIS OF THE ARTICLE ‘GOOD BYE MONTESQUIEU’ INTRODUCTION:- â€Å"Power must never be trusted without a check†. The French jurist Montesquieu introduced the principle of â€Å"Separation of Power† (also known as Trias Politica) for the first time in his book L. Esprit Des Lois (Spirit of Laws) published in 1748. This doctrine mean the fact that one person or body of persons should not exerciseRead MoreThe Separation Of Powers Of The United States1403 Words   |  6 Pagesconnected to particular cases by the judiciary. There is relationship between these 3 organs, i.e. the legislature, executive and the judiciary. These all are deal with the doctrine of Separation of Powers. 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These philosophers were controversial thinkers and pioneered the intellectual movements of the 1700s. They stood up for what they believed in, although they were constantly criticized and censured by many other people. Such philosophers include Hobbes, Locke, Rousseau, Aristotle, and Montesquieu. Although their beliefs contradicted, they were all working to change what they thought was wrong with their present government. They were four men whoRead MoreThe French Revolution And The Revolution Of The Late 1700 S1280 Words   |  6 Pagesoccurring throughout Central America, were all directly inspired by the French Revolution of the late 1700’s. Evidence of this can be seen simply by looking back at world history. History shows that many philosophies of the American Revolution were actually id eas that either closely parallel or are directly taken from the writing of various French scholars, such as Voltaire and The Baron De Montesquieu. 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They contributed greatly to the influences we have in our world and even the laws we abide by in our world today. These thinkers were extremely influential to our government and how they shaped the country. The reason being, they had amazing ideas that went for the better of the people, and that was exactly the dream that they had for the U.S. We follow what they said, and thought, and put our own twist on it toRead MoreJean Jacque Rousseau s Theory Of A Social Contract881 Words   |  4 PagesRousseau was one of the most controversial philosophers from 1712-1778. The first to speak explicitly of human rights. He was a Swiss philosopher who was influenced by the French revolution. He believed that people basically everyone is good but it s society that corrupts them to do wrong. Each philosopher had their own ideal world, and his was to have people make laws and obey them. However, Rousseau has a different opinion on the theory of a social contract but also did help develop the theory